ORDER OF THE MINISTER OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF KAZAKHSTAN

of September 18, 2012 No. 613

About approval of Rules of state registration of civil aircrafts of the Republic of Kazakhstan, the rights to them and transactions with them, and also document forms certifying the rights to them

According to Item 2 of article 45 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft", PRIKAZYVAYU:

1. Approve the enclosed Rules of state registration of civil aircrafts of the Republic of Kazakhstan, the rights to them and transactions with them, and also document forms certifying the rights to them.

2. Declare invalid the order of the acting minister of transport and communications of the Republic of Kazakhstan of December 9, 2010 No. 559 "About approval of Rules of state registration of civil aircrafts of the Republic of Kazakhstan, the rights to them and transactions with them, and also document forms certifying the rights to them" (registered in the Register of state registration of regulatory legal acts for No. 6746, No. 68-69 (26489-26490)) published in the Kazakhstanskaya Pravda newspaper of February 24, 2011.

3. To committee of civil aviation of the Ministry of Transport and Communications of the Republic of Kazakhstan (Seydakhmetov B. K.) provide in the procedure established by the legislation of the Republic of Kazakhstan submission of this order to the Ministry of Justice of the Republic of Kazakhstan for state registration.

4. To impose control of execution of this order on the vice-Minister of Transport and Communications of the Republic of Kazakhstan Bekturov A. G.

5. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Transport and Communications of the Republic of Kazakhstan on September 18, 2012 No. 613

Rules of state registration of civil aircrafts of the Republic of Kazakhstan, the rights to them and transactions with them, and also document forms certifying the rights to them

1. General provisions

1. Rules of state registration of civil aircrafts of the Republic of Kazakhstan, the rights to them and transactions with them, and also document forms certifying the rights to them (further - Rules) are developed according to requirements of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" and regulatory legal acts in the field of civil aviation of the Republic of Kazakhstan taking into account international treaties which participant is the Republic of Kazakhstan.

If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in these rules then are applied rules of the international treaty.

2. Rules determine procedure for state registration of civil aircrafts, the rights to them and transactions with them, issue of certificates on state registration of civil aircrafts, the rights to them and transactions with them (further - the Certificate on state registration) and maintaining the State register of civil aircrafts of the Republic of Kazakhstan (further - the State register) and introduction in it of changes, issues of certificates on exception of civil aircrafts of the Republic of Kazakhstan of the State register (further - the Certificate on exception), and also implementation of deregistration of aircrafts by the Authorized party.

These rules are applied also to aircrafts of easy and extralight aircraft, except for gliders, hang-gliders, paraplanes, motor-paraplanes, meteorological sounding balloons, unmanned aerial vehicles and pilotless uncontrollable balloons which are subject to accounting of civil aviation of the Ministry of Transport and Communications of the Republic of Kazakhstan by Committee.

3. The civil aircrafts intended for accomplishment of flights and also change and the termination of the rights (including encumbrances) on civil aircrafts as a result of transactions and other dispositive facts are subject to state registration in the State register.

4. Are entered in the State register:

1) the aircrafts which are in property of physical and (or) legal entities of the Republic of Kazakhstan;

2) the aircrafts which are in temporary ownership and use of physical persons or legal entities of the Republic of Kazakhstan provided that the take-off mass of such aircrafts does not exceed forty five and a half tons.

5. The civil aircraft entered in the State register is allowed to flights both in airspace of the Republic of Kazakhstan, and beyond its limits.

6. In these rules the following terms and determinations are used:

1) authorized body - Committee of civil aviation of the Ministry of Transport and Communications of the Republic of Kazakhstan (further - Committee of civil aviation);

2) the applicant - physical person or legal entity of the Republic of Kazakhstan, being the owner or the operator of the civil aircraft, addressed to Committee of civil aviation for state registration of civil aircrafts, the rights to them and transactions with them;

3) the operator - the physical person or legal entity which is engaged in operation of civil aircrafts or offering the services in this area;

4) the owner (owner) - physical person or legal entity of the Republic of Kazakhstan which possesses the aircraft on the property right or other legal causes;

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